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San Rafael, CA Protocols

Document Date: September 23, 2003

EXHIBIT A

PROTOCOLS FOR CITY EMPLOYEE RESPONSES TO SUBPOENAS, SEARCH WARRANTS, COURT ORDERS, AND OTHER REQUESTS FOR INFORMATION BY LAW ENFORCEMENT OFFICIALS

1. Department Directors or Division Chiefs shall be responsible for handling all responses to subpoenas, search warrants, court orders, or other requests for records, tangible things, or other information received from law enforcement officials, and in their absence, such responses shall be provided by the persons who have been designated by the Department Director or Division Chief to handle these responses.

2. A City employee contacted by a law enforcement official requesting records, tangible things, or other information shall contact the employee's Department Director or Division Chief, or the designee, and request that such person provide the required response. If no such person is available, the employee shall refer the law enforcement official to the City Attorney's office for the appropriate response.

3. The Department Director, Division Chief, or designee shall:

(a) ask the official for identification;

(b) contact the official's office to confirm the official's identity; and

(c) contact the City Attorney's office for assistance in responding to the request.

4. After consultation with the City Attorney's office, the Department Director, Division Chief, or designee shall provide the required response on a timely basis.

5. If the Department Director, Division Chief, or designee receives a search warrant or court order from the law enforcement official which contains a ""gag order"" prohibiting disclosure of information regarding the search warrant or court order, such person shall not discuss any information related to the search warrant or court order with any other person, including any other City employee other than the City Attorney's office.

A City employee contacted by a law enforcement official requesting records or other information, without a subpoena, search warrant, or court order, shall likewise refer the matter to the Department Director, Division Chief, or designee for a response. If the request constitutes a public records request, the request shall be handled in the same manner as a request for public records by a member of the general public. The Department Director, Division Chief, or designee shall contact the City Attorney's office if assistance is needed in responding to such a request.

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